The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Wednesday, November 2, 1988
Decision: Tuesday, March 21, 1989
Issues: Criminal Procedure, Search and Seizure

Advocates

Charles Fried (on behalf of the Respondent)
Lois G. Williams (on behalf of the Petitioners)

Facts of the Case

In 1986, the United States Customs Service implemented a drug testing program for certain employees who either carry firearms, are involved in intercepting drugs as they enter the country, or are in high level positions involving classified information.

Question

Did the regulations violate the Fourth Amendment?

Conclusion

No. The Court held that the "substantial interests" of the government in stifling the drug trade justified "departure from the ordinary warrant and probable cause requirements" associated with searches. The fact that customs personnel are the country's "first line of defense" against drug smugglers and they are exposed to a sometimes aggressive criminal element, places them in a unique and important position in which they have a "diminished expectation of privacy."

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 5 votes for Von Raab, 4 vote(s) against
Legal Provision: Amendment 4: Fourth Amendment
Voted with the majority
Rehnquist
Voted with the minority, joined Marshall's dissent
Brennan
Voted with the majority
White
Wrote a dissent
Marshall
Voted with the majority
Blackmun
Voted with the minority, joined Scalia's dissent
Stevens
Voted with the majority
O'Connor
Wrote a dissent
Scalia
Wrote the majority opinion
Kennedy
Full Opinion by Justice Anthony Kennedy

Cite this page

The Oyez Project, Nat. Treas. Employees Union v. Von Raab, 489 U.S. 656 (1989),
available at: <http://www.oyez.org/cases/1980-1989/1988/1988_86_1879/>
(last visited ).